For Customers

Support

Americas+1 212 318 2000

EMEA+44 20 7330 7500

Asia Pacific+65 6212 1000

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience on BNA.com. Some cookies are also necessary for the technical operation of our website. If you continue browsing, you agree to this site’s use of cookies.

Your HR and Payroll compliance and policy solution! Comply with federal, state, and international laws, find answers to your most challenging questions, get timely updates with email alerts, and more with our suite of products.

Oct. 20 — The new head of the Dutch Data Protection Authority is planning a steady course through
potentially choppy waters caused by the forthcoming European Union privacy regime
changes and Brexit.

Companies doing business in the Netherlands may find some comfort from the approach
announced by Aleid Wolfsen, who became chairman of the Dutch Data Protection Authority
(DPA) Aug. 1.

The Dutch DPA has started to reflect on its future strategy, and is “thinking about
what we want to change, what we want to maintain, but I'm not intending to change
policy in the short term,” Wolfsen told Bloomberg BNA at the 38th International Data
Protection and Privacy Commissioners'
Conference in Marrakesh, Morocco.

The primary immediate task for the Dutch and other European DPAs is preparing for
the EU General Data Protection Regulation (GDPR) and an EU directive on law enforcement
data protection standards. The GDPR, which replaces the 21-year old EU Data Protection
Directive (95/46/EC), is set to take effect May 25, 2018.

“We just started the implementation and that's a huge task. In May 2018 it's coming
into force and not only do we have to be ready, all the businesses, everybody has
to be ready,” Wolfsen said.

Wolfsen said he is aware he must “fill the empty big shoes” of his predecessor, Jacob
Kohnstamm, who was highly active in pushing for European and international privacy
standards.

Low Awareness

Much remains to be done to raise awareness among data processors of the GDPR and the
new obligations it will bring, Wolfsen said.

“I don't think the awareness is on the level we want it,” he said. “I don't think
that everyone in the public sector, or in the private sector, is aware of all the
new details, all the new responsibilities, all the new powers of the data protection
authority. I think it's important for us to spread the news.”

He added that the possibility that companies might face high fines for breaching the
GDPR would help to focus attention. “Once people become aware of these high fines
I think it will be at the forefront of the mind for everyone in the private and public
sectors.”

The Dutch DPA gained at the start of 2016 the power to fine companies up to 820,000
euros ($900,000) for failure to report data breaches that carry “a significant risk
of serious adverse effects” on data subjects.

The fines are among the highest in the EU, ahead of the entry into force of the GDPR,
which will empower DPAs to issue fines of 20 million euros, or 4 percent of a company's
total revenues for the most serious offences, including violations of data processing
consent, individual privacy rights, international data transfer rules and ignoring
orders from privacy regulators.

The relatively high Dutch fines “help us a little bit because as a consequence the
awareness of privacy in the private and public sectors is getting stronger,” Wolfsen
said.

Complexities of Brexit

On the issue of Brexit, and possible implications in terms of potential relocation
of companies from the U.K. to the Netherlands, Wolfsen said it was too early to make
judgements.

“I think it is absolutely sure that when the GDPR comes into force, the U.K. will
still be a member of the European Union, and that's a complexity in itself. The regulation
is immediately enforceable,” making data protection enforcement in the context of
Brexit “very difficult for our British colleagues,”
he said.

Companies “are now watching what is going on in the U.K.,” Wolfsen added. “Next year
is a year of transition. The U.K. will maybe leave the EU at the end of 2018 or the
start of 2019. So for companies there is time enough to decide. But there are very
difficult decisions for the companies and our colleagues in the U.K. I'm not jealous.”

Privacy Bridges

At the 37th International Data Protection and Privacy Commissioners' Conference in
2015 in Amsterdam, former Dutch privacy chief Kohnstamm set out an international “privacy
bridges”
project intended to improve understanding between the EU and the U.S. and other jurisdictions
on data privacy issues.

The project was aimed at smoothing relationships between different jurisdictions in
the light of events such as the invalidation by the European Court of Justice of the
U.S.-EU Safe Harbor data transfer framework.

Privacy bridges included recommendations on transparency about government data access
requests for law enforcement purposes, standards for data de-identification, provision
of clearer information to data subjects about redress options in case of misuse of
their data outside their home territory, and development of enforceable corporate
accountability programs.

Giving an update on the initiative Oct. 19, Kohnstamm said the privacy bridges still
had to go “from theory to implementation,” and funding was being sought for further
work, but progress had been limited since the Amsterdam conference in 2015.

All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to books@bna.com.

Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)

Notify me when updates are available (No standing order will be created).

This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com.

Put me on standing order

Notify me when new releases are available (no standing order will be created)